§ 5–719. Application of § 5-718.

Subsections (b) and (c) of § 5-718 shall apply:

(1) To any increase after the effective date of § 5-718 in annuities payable under § 5-716, except that with respect to the 1st date after the effective date of § 5-718 on which the Mayor is to determine a per centum change for the purpose of such an increase, such per centum change shall be determined by computing the change in the price index published for the month immediately preceding such 1st date over the price index published for the last month which was the base month for purposes of § 5-716(7) before the repeal of such paragraph (7) by Pub. L. 96-122, § 209(b); and

(2) To any increase in each annuity payable under this subchapter having a commencing date after the effective date of § 5-718, except that in the case of members hired on or after the 1st day of the 1st pay period that begins after October 29, 1996, such increase shall not exceed 3% per annum, nor exceed one increase per annum. Except that, with respect to a member who is an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia hired after December 31, 1979, § 5-718(c-1) and (c-2) shall apply to all annuities payable under this subchapter.

(Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 209(a)(2); Sept. 26, 1995, D.C. Law 11-52, § 806a, 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-218, § 3, 43 DCR 6172.)

Prior Codifications

1981 Ed., § 4-625.

1973 Ed., § 4-531.3.

Emergency Legislation

For temporary amendment of section, see § 512 of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 806a of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

For temporary amendment of section, see § 3 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Emergency Amendment Act of 1996 (D.C. Act 11-428, October 29, 1996, 43 DCR 6147), and § 3 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633).

References in Text

The “effective date of § 4-624,” referred to in paragraph (2), is prescribed by § 209(d) of the Act of November 17, 1979, 93 Stat. 914, Pub. L. 96-122.

The “Policemen and Firemen’s Retirement and Disability Act” referred to in paragraph (2), is the Act of September 1, 1916, 39 Stat. 718, ch. 433, § 12 which is codified as §§ 5-133.10, 5-119.10, 5-119.11, 5-701, 5-703, 5-704, 5-706, 5-707, 5-709, 5-710, 5-712—5-714, 5-716, 5-720, 5-721, 5-723, and 5-724.

Editor's Notes

Full Funding of Pension Liability Retirement Reform Amendment Act of 1994: Section 303(a) of D.C. Law 10-135 amended (2) by adding a second sentence that reads: “Except that, with respect to a member who is an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia, § 5-718(b) and (c) shall apply to all annuities payable under the Policemen and Firemen’s Retirement and Disability Act.”